Thursday, October 13, 2011

Winning in patent courts, by design.

Emphasizing design not only helps Apple convince consumers buy Apple products, but also allows the company to attack its competitors in court. Instead of using a more traditional IP litigation strategy based on utility (technology) patents, Apple leverages its cache of design patents to speed up court decisions. Litigating utility patents takes years, while showing similarity of design decisions makes infringement analysis very simple. Here's the latest from Apple's battle with Samsung:

Oct 13, 2011. San Jose, California. (Reuters) - Apple sued Samsung in the United States in April, saying the South Korean company's Galaxy line of mobile phones and tablets "slavishly" copies the iPhone and iPad

Koh [U.S. District Judge] frequently remarked on the similarity between each company's tablets. At one point during the hearing, she held one black glass tablet in each hand above her head, and asked Sullivan if she could identify which company produced which.
Additionally, at the hearing Koh said she would deny Apple's request for an injunction based on one of Apple's so-called "utility" patents.

So far, Apple is winning the battle.

tags: patent, strategy, integrity, control point

No comments: